Thursday, December 8, 2016

Thu, Dec 8, 2016 at 2:33 PM

Phil Tagami

Oakland real estate developer Phil Tagami filed a lawsuit against the City of Oakland yesterday in federal court arguing that Oakland officials broke their contract with his company, the Oakland Bulk Oversized Terminal (OBOT), when they passed a coal ban earlier this year.

Tagami wants a judge to overturn the city's ordinance and allow his business to ship potentially millions of tons of coal through the city each year to overseas markets.

The attorneys argue that the city is guilty of an "unconstitutional abuse of its power."

Oakland Mayor Libby Schaaf opposed coal shipments through Oakland and supported the city council's ban on the grounds that it would protect public health and safety. Schaaf's spokesperson Erica Derryck told the Express that the mayor's office cannot comment on pending litigation.

Environmental groups that support the city's ban say they plan to support the city in fighting the lawsuit.

"Over 75 percent of Oaklanders oppose shipping coal out of the Oakland Bulk and Oversized Terminal," said Jessica Yarnall Loarie, staff attorney for the Sierra Club Environmental Law Program. "We plan to stand shoulder to shoulder with the city to make sure that this terminal never ships coal."

"It is truly regrettable that the City has left us no alternative but to take this action," said Tagami about the lawsuit. "We applied for and the City approved and vested exactly what the market demands: a terminal capable of being fully responsive to market demands for global transport of legal commodities over its 66-year useful life. Restricting any commodity on political grounds puts a cloud of uncertainty over the entire project going forward."

A letter sent to Schaaf and Council President Gibson McElhaney yesterday by Tagami's attorney claims that Oakland officials have been meeting privately with Tagami for "many months" about the coal ban and the possibility of reaching some kind of deal short of a lawsuit.

OBOT signed a development agreement with the city in 2013 to redevelop land at the old Oakland Army Base on the city’s waterfront. When plans to build a coal export terminal were revealed for the first time in April 2015 Oakland residents pressured the city council to pass the ordinance banning coal handling and storage inside the city. The city council unanimously approved the coal ban on June 27 of this year.

Tagami, a politically connected businessman who is close friends with California Governor Jerry Brown, has warned the city council repeatedly that he would sue if a ban was implemented. He has called the city's ordinance a "political stunt."

Tuesday, December 6, 2016

Tue, Dec 6, 2016 at 9:52 AM

As the East Bay Timesreported yesterday, Oakland's Planning and Building Department refused a request made by their reporters for public records related to the warehouse known as the Ghost Ship which burned last Friday, killing at least 36.

According to an email obtained by the Express, Fire Department staff have also been ordered not to provide any information to members of the media regarding the deadly fire.

"No information is to be given by OFD personnel," reads the email, sent by Rebecca Kozak, and executive assistant to Oakland's Fire Chief Teresa Deloach Reed.

'There wasn’t anywhere to cook, so there was nowhere for them to get gas or plumbing'

Sun, Dec 4, 2016 at 9:20 PM

The couple in charge of the Ghost Ship warehouse lived there with their three children — and had their kids taken away by Child Protective Services last year because authorities feared for their safety.

According to several sources who spoke to the Express, and also posts on Facebook by Almena himself, he and his partner, Micah Allison, apparently regained custody of their children in June of this year after losing them in February 2015.

Derick Almena.

Since, the couple and their three children have resided at Ghost Ship, which burnt down on Friday, resulting in 33 deaths so far.

Almena and Allison were not present when the fire broke out. Their current whereabouts are unknown. Almena is currently on probation for receiving stolen property.

The Ghost Ship warehouse has been described as a "labyrinth" of wood, carpets, furniture, art, and other highly flammable materials. Authorities said the building had no sprinklers, fire extinguishers, and only two exits. Many of Almena's friends warned him the space was a fire hazard, and the city was investigating the building for illegal living quarters before the blaze.

Facebook

Inside the Ghost Ship warehouse.

Mariah Benavides says she was a former nanny and babysitter for the couple and worked for them for more than a year. She explained that, when she visited Ghost Ship, she witnessed "nails coming from the ground" and "no running water.”

“There wasn’t anywhere to cook, so there was nowhere for them to get gas or plumbing," she told the Express.

Last year on Facebook, Almena posted several long messages about his battles with Los Angeles and Alameda County welfare authorities, who took custody of his children.

In one post, he wrote that his children were taken into protective custody on February 15, 2015, after authorities found them at Ghost Ship.

“my kids have been taken from me by CPS. my beautiful children were kidnapped feb 15 2015... from my arts space in Oakland...”

And then months later, on May 10, 2015, he wrote:

“MY CHILDREN WERE TAKEN FROM ME BY MEN WITH GUNS. I WAS DEMANDED TO STAND DOWN. UNDER THREAT OF DEATH.
MY CHILDREN WERE ABDUCTED BY THE SYSTEM AND PLACED IN A POLICE CAR AND TAKEN TO THE LOCAL LA COUNTY JAIL.
I WAS LEFT WITH NO DOCUMENTS. SERVED NO OFFICIAL NOTICE. WAS NOT INFORMED OF A COURT HEARING THAT HAD PASSED AND I GUILTY FOR BEING ABSENT... WARRANT FOR MY ARREST ISSUED. NEVER SERVED... NEVER INFORMED.
MY CHILDREN HAVE BEEN TAKEN.”

Almena wrote in other posts that his children were relocated with a relative to Los Angeles County. Benavides alleged that, at one point, the couple was "living in an RV on [Los Angeles'] Skid Row with the kids" and authorities took them.

The RV, according to a Facebook post by Almena, appears to have been a small trailer that was converted into a "gypsy wagon."

The RV from Los Angeles.

Child protective cases are confidential under the law and the Express was not able to obtain official court records. But Almena also posted a letter from the Alameda County Social Services agency addressed to his partner Allison on Facebook which stated that three of their children were removed from their care on March 30, 2015, and that in August the three youngsters were declared dependents of the juvenile court.

The father frequently pleaded with people on Facebook to put pressure on CPS and the Los Angeles judge overseeing his case so that he could regain custody of his children.

According to an August 18, 2015, post on Facebook by Allison, their final court hearing was that month.

And in a post from May 11 of this year, Almena wrote: "We go to court today for the official release of our kids from CPS custody.... They will return june 5th."

The couple and their children had lived in a home in East Oakland before moving into the Ghost Ship warehouse. This moved occurred during the East Bay's housing crisis, when many artists have been marginalized and displaced due to rising rents.

A previous landlord, who owns a different Fruitvale warehouse where Almena leased space, filed an eviction lawsuit against him in 2014.

Sun, Dec 4, 2016 at 5:31 PM

Derick Ion Almena was the man behind Ghost Ship, the venue inside the Oakland warehouse where a deadly fire killed at least 33 people late Friday night. Friends say he's an important, if contentious, figure in the East Bay underground arts and music scene. Former-friends criticized him for allegedly living inside the warehouse with his wife and children. And Almena also has a history of run-ins with the law.

Currently, Almena is on probation for receiving stolen property. Other court records indicate that he has been embroiled in legal disputes in recent years with friends, including two attempted restraining orders against him last year.

And a previous landlord, who owns a different Fruitvale warehouse where Almena leased space, filed an eviction lawsuit against him in 2014.

Almena's whereabouts are currently unknown. The Express has been unable to contact him, and he did not respond to phone calls or messages on social media. Two sources close to the arts collective inside the warehouse told the Express that they hear he has left Oakland.

Court records show that he Almena was charged with a felony for possessing stolen property in January 2015. The District Attorney's office allowed Almena to reach a deal, which had him serve only two days in county jail. His probation term runs until January 2019.

Just months before being charged for possession of stolen property, Almena was hit with an eviction lawsuit seeking that he and a co-tenant vacate property located at 4701 San Leandro Street in Oakland.

Almena was also sued by former friends who for alleged "harassment." According to court records, in January 2015 two different individuals sought temporary restraining orders against Almena alleging that he was harassing them. The declined to speak to the Express regarding the harassment.

Almena filed for a restraining order against a person named Shelly Porter in February 2015.

The Express was unable to determine the details of the harassment allegations and the District Attorney's office did not immediately provide records.

At a press conference this afternoon, Oakland Mayor Libby Schaaf confirmed that the Oakland police have opened a criminal investigation regarding the warehouse fire. She also confirmed that a team of investigators from the District Attorney's office are on scene.

Schaaf said that crews searching the charred building are preserving evidence in case the DA decides to criminally prosecute the landlord, Almena, or anyone else.

Teresa Drenick of the Alameda County District Attorney Office confirmed for the Express that the District Attorney's Office has activated its criminal investigation team and the arson task force.

"We are working with the local law enforcement effort conducting the criminal investigation into this tragedy. Our victim witness assistant division has also mobilized to provide help to victims and their loved ones," said Drenick.

Earlier this afternoon, officials said that the anticipate more victims and have only searched 35-40 percent of the warehouse.

They explained that they are finding victims in all quadrants of the buildings. They also said that these individuals come from all over the world, including Asia and Europe, and that they are working with the state department to notify the families.

A sheriff's office spokesman said they "have no idea" how many victims remain the the warehouse.

Update: As of 3 p.m on Sunday, officials now say the death toll is 33. Mayor Libby Schaaf hinted that the Alameda County District Attorney would be opening a criminal investigation. And a sheriff's department spokesperson said that there are victims from all over the world, including Europe and Asia.

***

Update: As of noon on Sunday, officials now say the death toll is 30 people.

***

Here are some quick updates from the Ghost Ship Oakland Warehouse Fire in Oakland:

This morning, at 8 a.m., officials announced that various agencies have been able to breach a second wall in the warehouse to facilitate their search. So far, they've been able to search just 20 percent of the building. And they expect the work at the warehouse to continue for "several days."

An Oakland fire battalion chief described the process as "somber." She said they have been "mindful" and "compassionate" as they removed debris "literally bucket by bucket."

After searching only 20 percent of the warehouse, they've discovered 24 victims.

They expect that number to rise.

"It was quiet, it was heart-breaking," the battalion chief said.

The chief said that they've yet to locate the source of the fire, or search the staircase to the second-floor mezzanine.

The user also reports that there was a brave individual who remained in the building, yelling into the blinding smoke, so that people could find the exit.

The user describes learning of the fire while on the second floor, then descending the lone, narrow, ramshackle staircase as smoke engulfed the warehouse:

Once I was down there it was awful. I couldn't see or breathe. It was hot smoky and hard to focus. Thankfully at this point it wasn't so hot that I was burning just being there. There were other people crawling around on the floor too.

The layout of Ghost Ship is, as others have told the Express, like "a labyrinth," which made it nearly impossible for people crawling on the ground and blinded by smoke to figure out how to exit. There also apparently were dead-end passageways, making it even more difficult to find an exit.

So I was down there and I was having trouble finding the exit. At this point I genuinely thought I was going to die choking on smoke in these horrid conditions. Part of this was definitely because the lower level is like a fucking maze. The stair room had three different exits and only one would have been the way to outside.

Horrifying.

The user wrote that a hero posted up at the warehouse's exit, yelling into the smoke for people to come toward him:

Some dude who had already gotten out stood right by the exit with all the billowing smoke and was repeatedly yelling "this is the exit" "exit." I can say without a doubt that that dude saved my life. If he wasn't there yelling I would have never found the exit and I probably would have died.

The user also noted in his post that there is a crowd-funding page raising money for victims. You can donate here.

Sat, Dec 3, 2016 at 6:01 PM

Photo by Seung Lee

Smoke billows out of Ghost Ship, a warehouse artist collective in Oakland, during last night's fire.

Bay Area party promoter and record label owner Nihar Bhatt says he arrived at Ghost Ship last night at 11:15 p.m. He stopped out front of the building to chat with musician Russell Butler and Joey Casio (a.k.a. Joseph Matlock). Then Casio entered the building. Approximately ten minutes later, Bhatt says someone shouted, “Fire!”

Attendees started spilling out of the Fruitvale neighborhood warehouse, billowing smoke in their wake. Bhatt recalled people out front yelling their friends’ names. He could also hear wood buckling inside. “It was surreal, hard to believe the horror unfolding,” Bhatt said.

Bhatt has attended several events at Ghost Ship in the past year. But this one, he said, was expected to draw the biggest crowd yet.

His friend Butler, a local electronic music who also performs as Black Jeans, said that performers had yet to begin when the fire started. Johnny Igaz — who’s unaccounted for after the fire — was playing records in a booth at the back of the room.

According to Butler, approximately sixty people were present for the gig (not including residents who may have also been in the building). “I’m sure it would’ve swelled to double or triple that number later on,” Bhatt said.

“A lot of my friends were on their way."

Some of those who remain unaccounted for after the tragic fire are integral members of the East Bay arts and music community.

Bhatt, who co-runs prominent local party series Surface Tension and record label Left Hand Path, described Chelsea Faith (Chelsea Dolan), who is still missing, as a “key link between the Nineties rave scene and a new generation of producers, including myself, who consider her a mentor.”

And his friend Casio is well known in the Bay Area and the Pacific Northwest for his industrial-techno sets as Obsidian Blade. He remains missing after entering the building, as well.

Bhatt said that “a lot of us owe their politics and their musicianship to [Casio]. … He emboldens people to break rules.”

Micah Danemeyer, who is also missing, “is just a tireless promoter of the underground scene, even when it was a completely unrewarding role,” Bhatt said.

Bhatt and Butler wanted to emphasize in their interviews with the Express that the local underground music scene isn’t to blame. The counterculture scene gravitates toward these potentially unsafe and “illegal” venues because of the mercenary local housing-market and the premium on space.

They also said that these non-permitted residences that host underground shows are often the only safe place for marginalized people, those who find above-the-board and sanctioned venues unsafe or inhospitable.

Sadly, some of the dozens of attendees who remain unaccounted for are transgender people and people-of-color.

“We need spaces that are open to folks who are beaten down and oppressed by living daily under patriarchy and white supremacy,” Butler said.

“Last night, had the potential to be incredible.”

That said, Bhatt admitted that “several people told [him] before this that they were thinking of calling out [Ghost Ship] for being unsafe, for being a fire hazard.”

“I think they bit their tongues because we desperately need places to gather,” he said.

He also argued that the city cracking down on underground scenes won’t be a solution. “If people think by punishing spaces it will make potentially unsafe underground venues go away, they’re wrong,” he said. “The trouble is the lack of spaces to begin with. Places that are safe and also somewhat unscripted are necessary.

“Otherwise this will happen again.”

Nihar and Butler were scheduled to perform tonight at The Legionnaire Saloon, but they’ve turned the event into a quieter gathering for the affected community. The bar is contributing a portion of the night’s proceeds toward fire relief. Gray Area Foundation for the Arts, a registered nonprofit in San Francisco, created a crowd-funding page for the victims at YouCaring.com.

A city investigation against the warehouse was ongoing when the fire hit last night.

As the Express also reported: "On November 13. another complaint had been lodged against the property's owner alleging "a ton of garbage piling up on the property" next to the warehouse, including possibly "hazardous" materials."

City inspectors visited the building on November 14.

Sat, Dec 3, 2016 at 11:02 AM

At least nine people are confirmed dead and several dozen are missing after a fire ripped through the the "Ghost Ship" warehouse in Oakland's Fruitvale neighborhood late Friday night.

As many as 100 people were crowded inside the warehouse for a party when the blaze erupted. They struggled to escape the flames and smoke. Officials fear dozens could have been killed.

City records show that there were habitability complaints made against the property's owner as recently as November 14 regarding an "illegal interior building structure." City inspectors appear to have visited the building on that date, but were unable to verify whether there were code violations. The city's investigation was still pending when the fire broke out last night.

On November 13 another complaint had been lodged against the property's owner alleging "a ton of garbage piling up on the property" next to the warehouse, including possibly "hazardous" materials.

The warehouse is owned by a trust set up by Chor N. Ng of Oakland, according to property records. The Express was unable to contact Ng.

http://www.oaklandghostship.com/

The inside of the "Ghost Ship" warehouse.

In October 2014, the city cited Ng because of housing and other structures that were being built inside the warehouse without permits.

The previous month, the building was also noticed for blight because of a large number of pallets and construction materials blocking the sidewalk.

Firefighters who battled the blaze last night reported that some of the victims were likely trapped in the building because they couldn't escape down a "makeshift, one-way stairwell" that connected the first and second floor. The stairs were made of wooden pallets, the firefighters said.

Photos of the interior of the warehouse show that it was a labyrinth of rooms and nooks crowded with carpets, furniture, and art — all of it highly flammable.

City officials didn't immediately return calls and emails from the Express seeking more information about the warehouse's various building code violations.

Thursday, December 1, 2016

'Without sounding trite, the future is bright.'

Thu, Dec 1, 2016 at 4:57 PM

The Oakland City Council voted last Tuesday to become part of a regional green energy authority, joining twelve other cities in Alameda County. Together the cities represent 90 percent of the county's total electrical load.

"Without sounding trite, the future is bright for the power authority," said Victor Uno of the International Brotherhood of Electrical Workers.

Uno was one of several labor union representatives who served on the regional steering committee that helped set up the East Bay Community Energy Authority.

"This will be the largest of its kind given how many cities are joining," Uno said. "It will have a real impact on how power is acquired, and there will also be community benefits and training for workers."

So far Albany, Emeryville, Berkeley, Oakland, Piedmont, San Leandro, Dublin, Livermore, Hayward, Union City, Fremont, and Alameda County's governing boards have all voted to join the authority, which legally came into existence today, December first.

"This is a big deal," said Oakland Councilmember Dan Kalb, another steering committee member. "With the concerns we all have at the national level about how the Trump administration might backtrack on climate policy, it's important that local jurisdictions and states step up."

Kalb said the energy authority will initially purchase renewable energy on the open market, but quickly use ratepayer revenues to build out local renewable energy projects and make the existing energy infrastructure more efficient, while also reducing electricity bills.

The authority is being incorporated under a 2002 state law that allows local governments to takeover the process of deciding where to purchase energy from incumbent investor-owned utilities like PG&E. Instead of paying profits to shareholders, the public authority reinvests ratepayer revenues in lower electrical bills and new green energy projects.

Uno's union hopes to prepare workers for many of the construction, engineering, and maintenance jobs the authority is expected to generate across the region. Workers will be building solar arrays, maintaining windmills, and also performing upgrades on energy infrastructure to make it more efficient.

The new board of the East Bay Community Energy Authority is expected to meet for the first time next January.